Allowed

Rahees v. State of U.P.

Allahabad HC16 Feb 2023BAIL/58671/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 58671 of 2022, the Allahabad High Court allowed the bail application of an applicant facing sections 120B, 413, and 34 IPC charges. The court granted bail without reviewing the merits of the case.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties subject to conditions not to tamper with evidence or influence witnesses.

Rahees Vs State of U.P. — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58671 of 2022

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Applicant :- Rahees Opposite Party :- State of U.P. Counsel for Applicant :- Hemant Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 122 of 2022 at Police Station-Daurala, District-Meerut under Sections 120B, 413, 34 I.P.C. The applicant is in jail since 26.04.2022.

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The bail application of the applicant was rejected by the learned trial court on 10.11.2022.

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The following arguments made by Shri Hemant Kumar, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Markandey Singh, learned AGA from the record, entitle the applicant for grant of bail:

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(1). The applicant was not named in the F.I.R.

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(2). The applicant was nominated in the statement of a co-accused made before the police authorities. The said statement was made while he was in the police custody. The said statement insofar as it implicates the applicant is not admissible in evidence.

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(3). No incriminating article has been recovered from

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the applicant.

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(4). Prosecution evidence does not connect the applicant with the offence.

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(5). The applicant has explained his criminal history. It is also contended that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The said cases do not have any bearing on the instant bail application.

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(6). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Rahees be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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Order Date :- 16.2.2023 Dhananjai

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Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad

Rahees v. State of U.P.

Case brief

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Rahees v. State of U.P.

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